Civil Appellate Services in Colorado

Case Studies

Below is a selection of situations in which Colorado Appeals Lawyer Asa C. Garber has represented clients in litigation and appellate matters:


Wrongful Termination

Asa represented an independent contractor who was fired for reporting discrimination he observed against others at his workplace. The litigation involved a multi-week trial to determine the facts, then multiple appeals all the way to the Washington State Supreme Court to address a nuanced legal argument about the applicability of retaliation protections to independent contractors. Asa’s client prevailed every step of the way—at trial and at every stage of appeal. The client ultimately collected years’ worth of backpay and future salary due to his illegal termination.


Warrantless Entry—Illegal Search and Seizure

Asa prevailed in an appeal to the Ninth Circuit Court of Appeals, representing a man who was the victim of an illegal search of his home by police officers. The officers shoved him into his home and searched it without a warrant. The trial court had dismissed Asa’s client’s claim, asserting that the officers were permitted to force their way into the client’s home to obtain his driver’s license or, alternatively, that the law was not clear that the officers weren’t permitted by law to do so. Asa argued the issue before a three-judge panel, which unanimously reversed the trial court’s decision in favor of his client.


RICO

The foundation of Asa’s RICO experience began as a law clerk. While clerking for a federal judge, Asa assisted in handling a major RICO case involving allegations of immigration law violations and fraud against a major U.S. company. This led to a clerkship with a second federal judge, where Asa assisted on a RICO case alleging a multi-state conspiracy involving fraud, extortion, and other crimes, resulting in a small group of people overtaking an entire, multi-state business.

 


DUI Appeals

Asa represented a client on his appeal of a conviction for driving under the influence of alcohol. The man was detained on suspicion of a DUI. The man refused a breathalyzer test and requested a blood test, insisting on the higher accuracy of the latter. The police instead held him in custody for seven hours without allowing him to obtain a blood test. By the time he was released and could obtain a blood test on his own, too much time had passed for the results to show whether he had been intoxicated while he was driving seven hours before. The judge on appeal dismissed the conviction and the case, holding that preventing the man from obtaining a blood test deprived him of any meaningful way to gather evidence to defend himself. Having been prevented from obtaining evidence to defend himself, the charges were dismissed.

Asa represented a client on an appeal of a conviction for driving under the influence of alcohol. There, the trial judge prevented the man from presenting his defense at trial—namely, that he only drove drunk because his girlfriend was in danger and he had no other way to assist her. The trial judge refused to allow the accused to present evidence of this necessity defense and refused to instruct the jury that the man’s intoxicated driving might be legally excused if he drove drunk to avoid a greater risk to his girlfriend. The judge on appeal vacated the man’s conviction and remanded the case to the trial court—put simply, the man was awarded a new trial to present his defense.


Disclaimer: These representations are for information only. No attorney can guarantee any specific results in your case. This information should not be interpreted as a guarantee of any results, nor will Colorado Appeals Lawyer ever make such guarantee. Asa C. Garber is licensed in three states and several federal courts; case studies were drawn from cases in various states and courts.

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